The term public charge refers to a person who is likely to rely on government support for subsistence. Under U.S. immigration law, if an applicant for a visa or green card is deemed “likely at any time to become a public charge,” they can be denied entry or permanent residence. In practice, this public charge inadmissibility test requires immigration officers to examine several factors about the individual, including their age, health, family status, financial resources, and education or skills. The idea is to predict whether the person might become primarily dependent on public assistance in the future. Historically, being considered a public charge meant someone was primarily dependent on cash welfare or long-term institutional care – it didn’t include using non-cash benefits like food stamps or Medicaid.
What Is the New Public Charge Proposal in 2025?
Now, in late 2025, a new public charge proposal has been unveiled by DHS. This comes after the public charge policy seesawed in recent years – it was expanded in 2019 and then narrowed again in 2022. The latest proposal would once again tighten the public charge rules and broaden the factors officials can consider. DHS published a Notice of Proposed Rulemaking in November 2025 to rescind the current 2022 public charge regulation and replace it with a more expansive framework. If this expanded public charge rule is finalized, immigration officers would regain broad discretion to judge an applicant’s financial history and overall circumstances under a “totality of the circumstances” approach. Notably, the proposal removes the strict “primarily dependent” test and instead allows officers to consider any use of public resources or benefits – past or present, no matter how minimal – as a potential strike against the applicant. This means that even limited use of means-tested public benefits (for example, Medicaid, food assistance, or housing subsidies) could count negatively, whereas under current rules such usage is not counted at all.
The proposed rule also eliminates prior exclusions and definitions that had limited what counted. For instance, the 2022 rule explicitly stated that benefits received on behalf of family members (like U.S.-born children) would not be held against the applicant. The new proposal would remove that protection, potentially allowing officers to consider an applicant’s household usage of public assistance. In short, the net of what might make someone a public charge would be cast much wider. DHS has indicated it found the current rules “overly restrictive” and not in line with the broad discretion intended by law. By rescinding the 2022 regulation, the government seeks to expand officers’ discretion to weigh “all factors and information they deem relevant” when evaluating a case. Rather than following a fixed checklist of benefits, officers would look at the big picture of an immigrant’s life – with a keen eye toward anything suggesting financial instability.
Importantly, this is still a proposal (not a final rule yet). The public comment period on the draft rule ran through December 19, 2025. After reviewing feedback, DHS could make adjustments before issuing a final rule. If a final rule is published (anticipated in early 2026), it would likely take effect shortly thereafter. Immigrants applying for green cards in the coming months should stay alert for when these changes are officially implemented.
How Could Your Financial History Make a Green Card Harder to Get?
Under the expanded public charge rule, many aspects of an immigrant’s financial history could count against them when applying for a green card. For example, having ever used public benefits, having a very low income or minimal savings, or lacking health insurance for a serious medical condition are all factors that could lead to a public charge finding. Even carrying significant debt or a low credit score, or trying to support a large family on a limited income, can raise concerns about your self-sufficiency. In short, anything that suggests financial instability or dependency might result in a green card denial under this proposal.
Who Would Be Affected by the New Rule?
The new rule would mainly affect those applying for green cards through family sponsorship, since they form the bulk of cases where the public charge test applies. Some employment-based applicants could also be impacted by the stricter test (though many of them have higher incomes or are in visa categories that are less affected). Meanwhile, humanitarian immigrants – such as refugees and asylees – are exempt from public charge requirements by law, and this proposal would not change that. (Public charge is also not a factor in U.S. citizenship applications.) In short, most family-sponsored immigrants (and many other green card seekers) would face higher scrutiny of their finances if the rule is implemented.
How Can You Prepare for the Public Charge Test?
If you plan to apply for a green card under these stricter rules, it’s important to plan ahead and strengthen your financial profile. That means gathering solid documentation of your income, assets, and support (for example, a strong Affidavit of Support from your sponsor, the core financial requirement for a family-based green card). Try to avoid taking any new public benefits if possible, and address any financial weak spots – such as paying down debts, improving your credit, securing health insurance, or finding stable employment – before you apply. By being proactive, you can help show USCIS that you will not need public assistance. Because every case is different, consider getting personalized advice from an immigration attorney on how best to prepare.
How Can an Immigration Lawyer Help?
Dealing with a stricter public charge test can be intimidating. This is where an experienced immigration lawyer can make a big difference. A knowledgeable attorney will review your situation, identify risk factors, and help you gather the strongest evidence to demonstrate your financial stability. If you have past issues (like prior benefit use or a low-income period), a lawyer can frame these in context to minimize their impact.
Immigration lawyers also stay up-to-date on policy changes. We will know if any new forms or requirements are introduced (for example, if a “Declaration of Self-Sufficiency” form is brought back) and ensure you meet them. If your application is denied, your attorney can analyze the denial and advise on an appeal or a stronger reapplication, using the government’s feedback to improve your case, including scenarios involving removal proceedings, adjustment of status and changes and extensions of status.
At Siri & Glimstad, our immigration attorneys are dedicated to navigating public charge issues for our clients. We know many hard-working immigrants might feel discouraged by these stricter rules. Our job is to advocate for you – to present compelling evidence that you will not become a public charge. With careful planning and guidance, even applicants of modest means can demonstrate self-sufficiency and achieve a successful green card outcome. Learn more about a wide range of immigration services we provide.
In conclusion, the new public charge proposal represents a significant shift toward stricter scrutiny of an immigrant’s finances. If this rule goes into effect, it could indeed make obtaining a green card much harder for those with limited means or a history of using public benefits. However, if you stay proactive and well-prepared, you can still succeed. Given what’s at stake, it’s wise to consult with a qualified immigration lawyer about your case. Siri & Glimstad’s immigration team is here to help you understand the evolving requirements, strategize your application, and avoid pitfalls. Public charge concerns can be complex, but with the support of an experienced attorney you can navigate these changes and maximize your chances of success. Remember, you do not have to face this process alone.
